6 years ago
Wait for an element because of emotional disaccord
Ms. Li and marital agreement divorce
Agree the child is brought up by father
Unexpectedly in recent years, former husband indulges gamble without any consideration, throw the child grandma grandfather to attend, the creditor that comes to demand repayment to avoid even, put down road of an old trot. Recently, ms. Li tells former husband on court, ask to change a child raise advantageous position.
Ms. Li and Zhang Mou married 2005, it is the young husband and wife of a pair of conjugal love originally, bore 2009 one child small outstanding. The child is born before long, zhang Mou acquires gamble abuse, 2 people chafe increasingly grow in quantity, then 2012 the agreement divorces, agree small outstanding live along with Zhang Mou, ms. Li pays alimony every months 600 yuan, the both sides such as educational expenses, medical treatment cost each burden 50% . After this, small outstanding live jointly along with father namely.
Can be after this, zhang Mou did not foster a son well however, full day indulges gamble comes home rarely, all the time by child grandma grandfather for you in charge of, recently a year, more because owe debt of a huge sum, go out avoid a creditor has never been heard of since.
The mother is sued recapture the child to raise advantageous position
The child tells me, from this year the beginning of the year begins, had not seen father again.
Had not seen father again..
Be informed former husband to be in debt run road, cannot contact, ms. Li thinks, raise a son by its more the health that is helpful for the child grows, appeal to then to the court.
"Because he gambles outer avoid a creditor, do not contact at all, there also is creditor to come to demand repayment constantly in the home, we repay to help defendant a debt of honour, had sold a house. Had sold a house..
In case cognizance process, small outstanding the grandfather is stated to the court, the accused runs away from home since January 2018, miss at present, and old two already old, raise the child feebly, "After child father runs away from home, we Jiang Xiaojie sends his mom place life. We Jiang Xiaojie sends his mom place life..
The court thinks, two pairs raises a question femaly, ought to from be helpful for health of filial body and mind, the legitimate rights and interests that ensures children sets out, combinative parents is brought up bilaterally ability and bring up the particular case appropriate such as the condition to solve.
In this case, the son is young outstanding bring up by the accused in the agreement when former, the accused divorces, the accused serves as the child's guardian, ought to offer its more cares, take care of, build a stable, healthy growing environment for the son hard. But this case the accused not only cannot use up duty to rear, scanty also at the management to oneself, the abuse that nurturance gambles, owe a large number of debt, make the economy of whole family and life quality are damaged, now more come to demand repayment because of creditor, the accused is outer avoid a creditor, leave the parents of old and the youngest son, person safety cannot get safeguard, be based on the accused to cannot take care of the state of son, endless duty to rear completely at present, parents of referenced the accused year the opinion that the issue hopes the child lives along with the mother high already, to accuser the view changes a son to bring up the litigant request of the relation, the court gives support.
About alimony, should mix according to the burden ability of real need of children, parents local actual standard of living is affirmatory. The actual burden faculty that joins the accused and son study the need of the life, with every months 1000 yuan advisable.
Judge view
What after change brings up the appeal of the relation to leave other in both sides of husband and wife, put forward is not scarce. The court adjudicates children raises advantageous position attributive and the first principle that decides children brings up a relation to whether be changed, it is around wear what the element that health of whether advantageous children grows undertakes considering. Basis " a certain number of specific opinions that top people court hears divorce case to handle children to raise a question about people court " the 16th regulation: "One party asks to change children to bring up a relation to have one of following state, should grant to support... as endless as the one party that children lives jointly duty to rear or have mistreat filial behavior, or its and children live to have adverse effect truly to health of filial body and mind jointly. Or its and children live to have adverse effect truly to health of filial body and mind jointly..
That is to say, agree when the divorce bring up authority to be not invariable, if the one party of as collective as children life exists very much,duty to rear perhaps has mistreat filial behavior, or its and children live jointly health of two pairs female body and mind has the state such as adverse effect truly, for health of body and mind, the court can adjudicate change raises advantageous position lawfully.
